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HC directs Govt to promote petitioner JE Grade I
2/17/2020 9:54:10 PM

JAMMU, Feb 17: In a petition filed by Anupam Dutta and others who came to be appointed as Junior Engineers (Electric) Grade-II on 30.12.1988. In the final seniority list of Junior Engineers (Electrical) Degree/Diploma Holders promulgated vide Govt Order No. 314-PDD of 2008 dated 23.10.2007, the petitioners figured at S Nos 84, 87, 93, 94, 95 and 96 respectively. At the time of appointment of the petitioners as Junior Engineer (Electric) Grade-II, there were no statutory recruitment rules framed by the respondents to regulate the service conditions of the Junior Engineers of the Power Development Department. The statutory recruitment rules came to be framed in the year 1997 vide SRO No. 180 dated 26.05.1997 called as the Jammu and Kashmir Engineering Subordinate Service Recruitment Rules, 1997 (hereinafter called as ‘the Rules of 1997). As per schedule-II ‘A’ appended to the Rules of 1997, the Junior Engineer-Grade II is entitled to be promoted to the post of Junior Engineer (Electric) Grade-I provided he has at least five years continuous service as Junior Engineer (Electric) Grade-II viz Rs. 1760-3200 (pre-revised) in the case of Degree Holders and Ten years continuous service in case of diploma holders.
Justice Sanjeev Kumar after hearing Adv Abhinav Sharma, allowed the petition and observed that the petitioners are, thus, held entitled to the promotion to the post of Junior Engineers (Electric) Grade-I, on the same terms as has been done in the case of 70 Junior Engineers (Electric) Grade-II in terms of Govt. Order No.199-PDD of 2010 dated 29.07.2010, as if the petitioners too stand promoted along with aforesaid 70 Junior Engineers Grade-II. The benefits, which have been paid to those 70 Junior Engineers Grade-II, who were promoted to posts of Junior Engineers Grade-I pursuant to Govt. Order No.199-PDD of 2010 dated 29.07.2010, shall also be released in favour of the petitioners. Let this exercise be done and completed by the respondent No 1 within a period of two months from the date of receipt of copy of this order. JNF
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